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| D'Anastasio Corp. v. Township Of Pilesgrove, DOCKET NO. A-5409-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 14, 2006, Decided
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Overview: Township properly denied an owner's petition for deannexation under N.J. Stat. Ann. § 40A:7-12, as it was based solely on owner's desire to obtain benefits from more favorable zoning and development density requirements of adjoining municipality, and the owner did not provide a valid reason for altering otherwise historical municipal boundaries.
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| R.L. v. State-Operated School Dist. , DOCKET NO. A-2086-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 14, 2006, Decided
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Overview: The accrual date for an action based on sexual abuse resulting in the transmission of a disease was the date plaintiff learned about the infection. Due to plaintiff's age and the impact of the diagnosis, the trial court was within its discretion to grant leave to file a late notice of claim against a school district under N.J. Stat. Ann. § 59:8-9.
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| Rinaldo v. RLR Inv., LLC, DOCKET NO. A-1447-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 14, 2006, Decided
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Overview: As applicant for permit for wetlands mitigation project failed to give notice of application to neighbors who owned property within 200 feet of the mitigation site, in violation of N.J. Stat. Ann. § 13:9B-9(a)(2) of the New Jersey Freshwater Wetlands Protection Act, the New Jersey Department of Environmental Protection erred in granting permit.
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| State v. V.R., DOCKET NO. A-5950-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 14, 2006, Decided
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Overview: Mere filming of a sexual act was not endangering the welfare of a child, in violation of N.J. Stat. Ann. § 2C:24-4(b)(3), and, as a result, defendant's conviction was reversed since no evidence existed that defendant caused or permitted the child to engage in a prohibited sexual act or its simulation since the videotaping was unknown to the child.
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| Iliadis v. Wal-Mart Stores, Inc., DOCKET NO. A-1428-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 15, 2006, Decided
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Overview: A trial court properly denied the application for certification filed by plaintiffs, two former employees of defendant Wal-Mart, who alleged work off-the-clock as plaintiffs were unable to establish predominance under N.J. R. 4:32-1(b)(3).
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| Mathews v. University Loft Co., DOCKET NO. A-1536-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 15, 2006, Decided
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Overview: A trial court erred in failing to grant summary judgment to a loft bed manufacturer with regard to a student's failure-to-warn claim filed after the student fell from a loft bed which had no guardrail since the danger was obvious and no warning was adequate nor required.
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| Teeters v. Division of Youth and Family Services, DOCKET NO. A-5494-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 15, 2006, Decided
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Overview: As a matter of state law, the reasonable attorney's fee entitlement of the Open Public Records Act, N.J. Stat. Ann. §§ 47:1A-6 through -7(f), in favor of a requestor who prevailed in any proceeding, applied to a petitioner whose claims of entitlement to records were successfully attained via a settlement agreement in an administrative proceeding.
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| Firemen's Ins. Co. of Newark v. National Union Fire Ins. Co., DOCKET NO. A-1687-02T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 16, 2006, Decided
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Overview: In a suit where condominium developers sought coverage under a commercial general liability policy, the appellate court upheld a trial court determination that defects in construction were not property damage nor due to an occurrence to trigger coverage. As a result, summary judgment to the carriers was upheld on appeal.
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| In re Estate of Sasson, DOCKET NO. A-4276-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 16, 2006, Decided
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Overview: Court properly refused to enforce decedent's alleged agreement to support his paramour for life, as they had cohabited for only 2 1/2 years, and the paramour did not establish sufficient economic detriment to constitute consideration, as she was not left destitute nor did she suffer severe economic dislocation by the failure to enforce the promise.
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| In re Herrmann, DOCKET NO. A-1724-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 16, 2006, Decided
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Overview: Though flicking cigarette lighter face of a five-year-old child, in presence of oxygen tanks, was conduct unbecoming public employee as set forth in N.J. Admin. Code § 4A:2-2.3(a)6, state agency erred by discharging the employee for doing so, because this was sole charge and firing her did not comport with the principle of progressive discipline.
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